Smart Growth Ordinances The following is a list of good sample smart growth and natural resource and open space protection ordinances chosen from among New Jersey's 566 municipalities. A zoning or planning ordinance is a legal document setting forth the parameters upon which physical development in a town may be based. As a legal document, it follows the form and conventions necessary to stand the scrutiny of court challenges and interpretation. The ordinances listed below can be used as models for municipalities in New Jersey that choose to adopt new ordinances or update current ordinances to protect their open space and natural resources and to implement smart growth techniques. Keep in mind, however, that these ordinances are examples of approaches that have worked in different municipalities. For use in your town, these ordinances will need to be modified to reflect local environmental conditions, current regulations, and state-of-the-art knowledge. Furthermore, the New Jersey Association of Environmental Commissions, ANJEC, offers New Jersey municipalities a marvelous service by providing a database of environmentally-related ordinances from towns throughout the state. For more ordinances, visit ANJEC's ordinance website at www.anjec.org/html/ordinances.htm. Some of the ordinances are available for download in .pdf format, which requires Adobe Acrobat software (most computers come with this software standard, but if you don't have it on your computer, it can be downloaded for free at www.adobe.com/products/acrobat/readstep.html). Agricultural Overlay Aquifer Protection Carbonate Bedrock Cluster Development Comprehensive Environmental Ordinance, i.e., "Performance Standards" Comprehensive Planning Conservation Design / Open Space Design / Residential Clusters / Planned Residential Development / Performance Zoning Dune Protection Erosion and Sediment Control Fish and Wildlife Habitat Floodplains Forested Area Protection Incentive Zoning Lot Size Averaging Minimum Impact Development District Natural Features Preservation Net-Out of Resources / Site Capacity Calculations Open Space & Recreation Open Space Protection Overlay Zoning Resource Management Ridgeline Protection Scenic Resources Site Plan Approvals Steep Slope Protection Stormwater Management Stream Corridor Protection Subdivision Approvals Transfer of Development Rights (TDR) Transit-Friendly Development Tree Preservation Wetlands Management Other Ordinance Sources Agricultural Overlay An Agricultural Overlay zone ensures that agricultural lands within these areas are treated sensitively to the location and pressures of surrounding developments. Washington Township, Mercer County Aquifer Protection An Aquifer Protection ordinance is designed to protect, preserve, and maintain groundwater supplies and groundwater recharge areas within an identified aquifer. Such an ordinance helps protect the public health and welfare of the surrounding population, manages development and land use practices that could contaminate or reduce the recharge of the aquifer, and assure the availability of water supplies for the area. For more information on aquifer protection, click here. Aquifer Protection ordinance coming soon! Carbonate Bedrock Carbonate Rock is rock that consists chiefly of calcium and magnesium carbonates. When areas within a municipality are underlain with carbonate bedrock, these areas are often unstable and susceptible to collapse. This process can threaten the local groundwater supply by leaving the water supply vulnerable to contamination that moves through the carbonate rock's fractures and openings. The goal of this type of ordinance is to protect groundwater resources and reduce the frequency of damage due to sinkhole collapse. Carbonate Bedrock model ordinance (courtesy of ANJEC) Cluster Development A Cluster Development Ordinance enables developers to increase densities on one portion of a tract in return for preserving open space on another portion of the same tract. Eastampton, Burlington County (.pdf) Cluster Development Washington Township Clustering Franklin Township Clustering Residential Clustering Comprehensive Environmental Ordinance, i.e., "Performance Standards" Comprehensive Environmental Ordinances are separate chapters in municipal zoning codes that typically include provisions for riparian buffers, wetlands, steep slopes, flood plains, woodlands and other environmentally sensitive areas as well as procedures for "netting-out" resources and performing site capacity calculations. Comprehensive Environmental Ordinance coming soon! Comprehensive Planning A comprehensive planning ordinance can address issues such as sprawl, open space preservation, and preservation of the town's character. Comprehensive Planning ordinance coming soon! Conservation Design / Open Space Design / Residential Clusters / Planned Residential Development / Performance Zoning Conservation Design, which goes by a number of different terms, is a type of zoning that protects sensitive natural features on a site and at the same time gives developers more flexibility regarding housing types and densities on the areas of a site that are more appropriate for development. Conservation Design also often requires a minimum level of open space preservation. Princeton, Mercer County - "Residential Clusters" (.pdf) Dune Protection Coastal dunes are an important component of any community-based effort to enhance the habitat of the shore zone. They also offer a measure of protection to the development of the interior. Most of the coastal zone of New Jersey is densely developed on low-lying barrier islands. Erosion and storm affects, in association with rising sea level, will episodically erode the beaches and dunes and expose the coastal communities to damage of infrastructure and resources. Maintenance of a beach and dune system will reduce the exposure and will slow the affects of long-term changes. Mantoloking, Ocean County Erosion and Sediment Control These ordinances are designed to control surface runoff or erosion and to retain sediment in a particular location. These ordinances can lead to improved water quality, and fish and wildlife habitat protection. Erosion/Sediment Control ordinance coming soon! Fish and Wildlife Habitat Habitat protection allows communities to help preserve the region's biodiversity and overall environmental health by maintaining and enhancing wildlife populations within healthy, functioning ecosystems. For more information on habitat protection, click here. Habitat protection ordinance coming soon! Floodplains A floodplain is an area, usually low-lying or close to a body of water, that is subject to easy flooding or runoff of surface waters. These ordinances attempt to minimize property damage and protect human health and wildlife by encouraging appropriate construction practices in order to prevent or minimize flooding damage in the future. Floodplains ordinance coming soon! Forested Area Protection The protection of a forested area includes limitations on the alteration of the natural conditions of the area in order to preserve this natural resource and prevent open space loss. Stafford Township Incentive Zoning These allow towns to grant zoning incentives to property developers to encourage the provision of certain community benefits or amenities, such as parks, open space, public active and passive recreational opportunities, and other physical, social, or cultural benefits or amenities. Incentive Zoning ordinance coming soon! Lot Size Averaging Lot size averaging allows the developer flexibility to establish lots on properties of irregular shape or topography. By allowing different lot sizes, different sized structures can be built that can fit better with a community's character or environment. Far Hills Bedminster Holmdel Lot Size Averaging Minimum Impact Development District The primary goals of a minimum impact development district are to protect open spaces, promote wildlife connectivity, and minimize pollution. Hardyston Township Natural Features Preservation These ordinances can protect any of a wide variety of a town's natural features. Natural features ordinance coming soon! Net-Out of Resources / Site Capacity Calculations Net-Out of Resources refers to the technique of deducting environmentally constrained lands from development density calculations. Netting-out is intended to protect and preserve environmentally constrained areas by reducing or eliminating the credit given for these lands toward the amount of development permitted on a given site. Net-Out of Resources ordinance coming soon! Open Space & Recreation These ordinances often require that all new developments in a town contribute to the overall recreation and land conservation goals of the town. Eastampton Open Space Protection These ordinances protect a town's open spaces and encourage cluster developments as opposed to sprawl. Edison Township Overlay Zoning Overlay zoning provides additional limits drawn over an existing zoning use map to provide extra protection. In an overlay zone, the land is in two different zones and development must comply with the requirements of both of the zones. Overlay zones are site-specific, and thus offer an opportunities for towns to implement site-specific policies. Overlay zoning ordinance coming soon! Resource Management These ordinances can preserve, protect and maintain a community's open spaces and historic sites and structures. Resource Management Resource Management Regulations Ridgeline Protection A ridgeline protection ordinance is designed to protect the views and vistas of a town's geologic features by providing for design restrictions for development taking place on or near ridgelines. Ridgeline protection ordinance coming soon! Scenic Resources Scenic resource protection ordinance coming soon! Site Plan Approvals Site plan approval ordinance coming soon! Steep Slope Protection A Steep Slope Ordinance regulates development on areas of steep slope. The definition of steep varies from municipality to municipality, with 8% typically the minimum gradient classified as steep. For more information on protecting steep slopes, click here. Harrison, Gloucester County (.pdf) Princeton, Mercer County (.pdf) Stormwater Management These ordinances ensure that stormwater runoff, and the pollution it carries, is minimized. For more information on protecting steep slopes, click here. Stafford Township Stream Corridor Protection Stream corridor protection ordinances ensure that vegetated riparian buffers are maintained by requiring development to be set back from stream banks, floodplains and wetland areas and by limiting the use and intensity of activities within the corridor. Buffer widths typically range from 25 to 300 feet, depending on the community's goals. For more information on protecting stream corridors, click here. Gibbsboro, Gloucester County (.pdf) Morrestown, Burlington County (.pdf) Subdivision Approvals When a piece of land is divided into two or more lots, the land is considered to have been subdivided. Subdivision ordinances specify certain minimum requirements and standards that all land divisions must include. The ultimate aim of the ordinances is to assure that when land is divided, each resulting lot will be provided with minimum services such as public streets, sewer and water systems, and storm drains. Generally the ordinances specify: requirements for designing street and lot layouts; standards for public improvements such as streets, sidewalks, storm drains, water and sewer; and requirements related to the use of land on which flood plains have been located. Subdivision ordinance coming soon! Transfer of Development Rights (TDR) A Transfer of Development Rights (TDR) Ordinance allows municipalities to preserve rural and natural features while protecting property rights and allowing some growth. A TDR program takes development that would normally occur in rural areas (sending areas) and transfers it to other parts of a municipality where growth is more acceptable (receiving areas). In addition to TDRs, this map shows those municipalities where the Pinelands Development Credit program can be applied. Chesterfield, Burlington County (.pdf) (Chesterfield has a Planned Village Development (PVD) District (i.e., receiving area) ordinance, which is a companion ordinance to the TDR) Transit-Friendly Development These ordinances allow commercial and residential development to occur on the site of, or within walking distance of, a transit hub. Click here for more info. Transit-friendly development ordinance coming soon! Tree Preservation Tree preservation ordinance coming soon! Wetlands Management A wetlands management ordinance is designed to protect environmentally sensitive wetland areas. Wetlands ordinances typically prohibit any disturbance of delineated wetlands for residential, commercial or industrial development. For more information on protecting wetlands, click here. Wetlands ordinance coming soon! Other Ordinance Sources Here's some good links to other places where you can find ordinances on the web. Association of Environmental Commissions (ANJEC) www.anjec.org/html/ordinances.htmm ANJEC offers New Jersey municipalities a marvelous service by providing a database of environmentally-related ordinances from towns throughout the state. Electronic Ordinance Library www.njslom.org/PDF/elec_library.html The New Jersey League of Municipalities offers an Electronic Ordinance Library where you can find ordinances that have been enacted in other NJ towns. They are offered only as a guide, and are not endorsed by either the Smart Growth Gateway or the League of Municipalities. Ordinance.com www.ordinance.com/ Access to fully updated land use ordinances, zone maps, applications and checklists for New Jersey, New York City, and Philadelphia. Membership is required. Model Ordinances to Protect Local Resources (U.S. EPA) www.epa.gov/owow/nps/ordinance/ This website includes model ordinance language and sample ordinances for the following categories: Aquatic Buffers Erosion & Sediment Control Open Space Development Stormwater Operation & Maintenance Illicit Discharges Post Construction Controls Nonpoint Source Pollution Control Stormwater Utility Ordinance Transfer of Development Rights Golf Course Management Guidelines Wetlands Protection Forest Conservation Guidelines for Developing and Evaluating Tree Ordinances www.isa-arbor.com/tree-ord U.S. Department of Energy, Center of Excellence for Sustainable Development www.sustainable.doe.gov/landuse/lucodtoc.shtml Some examples of good ordinances from around the country. Generalcode.com generalcode.com/ Access to ordinances in selected municipalities in the tri-state area. For the New Jersey-specific ordinances, go directly to www.generalcode.com/webcode2.html#newj.